AI and court documents: The Civil Justice Council’s consultation
The growing use of generative AI in legal practice is prompting courts to consider how such tools should be governed in litigation. In England and Wales, the Civil Justice Council has published an interim report and consultation examining the use of AI in preparing court documents and whether updates to the Civil Procedure Rules are required.
The consultation recognises that AI tools are increasingly used by lawyers and experts to assist with tasks such as research, drafting and analysing large volumes of material. Rather than restricting these tools, the report broadly supports their use but proposes a transparency-based approach to ensure that AI does not undermine the accuracy or reliability of documents placed before the court.
Key Proposals
One of the main proposals relates to witness statements. The consultation suggests introducing a declaration confirming that generative AI has not been used to create or alter the substantive content of a witness’s evidence. This builds on existing requirements designed to ensure that statements reflect a witness’s own recollection, including rules such as Practice Direction 57AC and CPR Part 32.
For expert reports, the consultation takes a different approach. Rather than restricting AI use, it proposes amendments to Practice Direction 35 requiring experts to disclose whether AI tools were used in preparing their report, the system used and the nature of that use.
For pleadings and submissions, such as statements of case and skeleton arguments, the working group suggests that existing professional duties owed by lawyers to the court may provide sufficient safeguards. Lawyers would remain responsible for verifying the accuracy of any AI-assisted work before it is submitted.
Looking Ahead
The consultation signals a clear direction of travel: AI tools may increasingly form part of litigation practice, but their use must remain consistent with the fundamental principles of the justice system. In particular, the responsibility for ensuring the accuracy and reliability of court documents will remain with the lawyers and experts who submit them.
The consultation from the Civil Justice Council is open until 14 April 2026, after which a final report and potential recommendations for procedural reform are expected.
